Home Care Givers - Background Screening

Do you operate or work in one of the fastest growing industries in the United States, the Home Care Industry? If so, have you ever wondered how you stack up against your competition when it comes to background screening your caregivers? Or, have you ever hired a caregiver to take care of an elderly person or person in need and wondered what kind of background check is being conducted on the person taking care of someones loved one.

Well, the type of background check that was performed on a caregiver really depends on what state your live in, as some states have requirements in place that make fingerprint background checks mandatory. These searches have their own issues and can be discussed at a later time. In addition, some states require the fingerprint searches for home care givers working within a licensed facility.  In addition, there are a number of other states that require criminal background searches, but leave it up to the business owners or state association to decide what's appropriate for their industry.

Based on our experience with 100's of home care providers, Jungle Source has seen the entire spectrum when it comes to background checks. Some employers are very aware of operating costs and will try to spend as little as possible in order to say they do a background check.  Then there are others that absolutely understand the important role they play in a loved one's life and perform comprehensive criminal searches to give them and their clients peace of mind.

However, at the end of the day, it is really up to the consumer to get educated on the topic of background screening, so the right questions can be asked when interviewing home care agencies. Once background checks are demanded by a majority of consumers, all home care agencies will have to follow suite, which let's everyone rest assured that a comprehensive search has been conducted on the person(s) taking care of your loved one.

If home care giver background checks are of interest to you, then contact Jungle Source to discuss search options available to employers within the home care industry.

What's in a Turnaround Time?

One of the most frequently asked questions posed to by employers researching new background screening vendors is "What's your turnaround time?".

This is a great question to ask, but employers who ask the question really need to listen to the answer, as some background screening companies will state their turnaround times(TATs) are ridiculously fast for every single product, as they are only focused on selling and impressing the potential buyer.   While it would be easier to answer the question that way, it is not true, which is why our standard answer to this question is "it depends".   Why you may ask? 

Well, the turnaround time for a background check really depends on what type of search is ordered (e.g. SSN Trace, MVR, County Criminal Search, Federal District Criminal, County Civil Search, Workers' Compensation History Search, Education Verification, Employment Verification, Drug Test, International Search, etc.), as each service offering has its own TAT, as they are each processed slightly differently.  For example, a County Criminal Search requires a researcher to visit a local courthouse to search for possible records.  If a possible record is discovered on the courthouse index, then the file is requested from the court clerk.  This process can take minutes or days depending on which courthouse is involved, as there are more than 3,000 court jurisdictions throughout the United States and each operates slightly differently.  In addition, some courts require all the searches to be conducted by the court clerk (court employee) while others allow our researchers to perform the task.  Luckily, a majority of jurisdictions operate relatively efficiently, allowing us to maintain our TATs at less than 72 hours, 98% of the time.  While the County Criminal Search was used as an example, TATs for most other service offerings range from instantly for services such as an SSN Trace, Motor Vehcle Report and Criminal Database Search up to 48-72 hours other searches that involve searching files in person such as County Criminal Searches.

While the topic of turnaround times can be confusing, a suggestion would be to determine what kind of background screening services you need, then you will be able to gauge what turnaround times should expect for your specific needs.

CORI Changes Are Coming

The final steps of the Criminal Offender Record Information (CORI) law will go into full effect on May 4, 2012.  The CORI system is a state run background screening system that allows certain employers the ability to access criminal record information for applicants, employees and volunteers.  Certain employers, such as those that work in the Home Care Industry, Child Care, Nursing Facilities and much more, must register with the Department of Criminal Justice Information Services (DCJIS) in order to access their system.

With the final steps of the law going into effect, a number or changes will be occurring on May 4th that will bring the CORI search more in line with regular background screening requirements that fall under the federal Fair Credit Reporting Act, including:

• Employers must certify the applicant has signed a release form and verified the applicant’s identity.  Records must be maintained for at least one year.
• Employers are not allowed to ask on their employment application, whether or not they have been convicted of felony or misdemeanor. (one of first steps to go into effect)Note- this does not exclude the employer from asking during an interview.
• Employers must provide applicants a copy of the CORI background report before they question an applicant regarding any information in the CORI report.  Note:  Employers cannot exclude applicants based on criminal history without informing the applicant first.
• Employers must maintain a log to track the applicants name/information, as well as who has reviewed the report and why the person(s) saw the CORI report.
• CORI reports cannot be maintained more than 7 years from last date of employment.
• Employers making decisions within 90 days of obtaining a CORI report shall not be held liable for negligent or discriminatory hiring practices.
• The time period to have records sealed has been reduced from 15 years to 10 years for a felony and 5 years for a misdemeanor, which used to be 10 years.

If you are located in Massachusetts or may be impacted by this new law, you may want to review a summary of CORI changes that has been created by the ACLU of Massachusetts.

Social Media Background Screening - Banned in Maryland

Most employers incorporate some level of background screening and most have likely had some run in with social media that is used by employees or applicants that may project that individual in a negative light that is not in line with the company culture, etc.  As a result, employers have been becoming more interested in social media background checks, as these sites provide a real insight into who they are as a person.  However, as the level of interest in these types of background screening services has increased, so has the level of concern.

A recent situation in the state of Maryland exposed a State Agency was viewing applicants personal social media pages as part of their pre-employment screening process. Once this issue was made public, legislators cried foul, as they likened the practice to scrounging around one's home(virtual) for information, thereby an invasion of privacy.

While this debates continues across this country as a relatively new topic, the state of Maryland decided to take definitive action to control its use in the hiring process.  On April 9th, the Maryland State Assembly passed a law that prohibits employers from asking current or prospective employees for their user name and password information to websites such as Facebook, Google+, Twitter, etc.  If signed by the Governor, the law will go into effect on October 1, 2012. 

It is important to note that while Maryland may be the first state in the country to pass this type of law, they are not alone.  Other states such as California and Illinois are discussing this very topic and considering taking similar steps in the near future.  So, if you are looking to incorporate any level of social media research to your background check, it is always advisable to consult with your legal counsel for proper guidance.

DOT Drug Testing Helps Avoid Problem Employees

The government knows that there is more to hiring an applicant than simply an interview and references. In today's society, DOT drug testing is an important part of taking a new person on board in the transportation industry (Trucking, Railroad, Airline, Shipping, etc.). With so many lives at stake, the Department of Transportation has strict regulations that must be followed, as they can't afford to allow employers to take chances when hiring new employees.

Anyone with a hidden drug or alcohol problem will have highs and lows in their personal life that will be reflected in their job performance. When having applicants tested positive for drug or alcohol abuse, it is essential to work with a reliable company that is highly regarded in the field. The company should be able to customize a drug testing program that will keep you in compliance with the Department of Transportation. Background checks that include driving records, employment and education verifications, and criminal records should also be implemented.

A thorough review of an applicant's personal habits and background will give you the assurance that the applicant meets a higher standard of requirements than that of your average workplace. The U.S. Dept. of Transportation requires drug and alcohol testing for personnel involved in the industry, and DOT drug testing is used to keep the roads, waterways and airways safe for employees and the general public.

The National Institute on Drug Abuse (NIDA) reports that almost 75% of alcohol and illicit drug users are employed. Many users are a burden to employers as they are prone to workplace accidents, frequent changing of jobs, tardiness or absence from work, and make a large amount of workers' compensation claims. If a person with a history of abuse is employed by the Department of Transportation, so much the worse. Many in the employ of employers regulated by the DOT are required to drive heavy vehicles, transport precious cargo and handle expensive equipment, and a mistake can cost potentially millions in dollars or worse, many lives. Rather than jailing or firing a bad employee after an incident, the DOT requires that prospective employers test each applicant thoroughly for drug and alcohol abuse before hire and randomly thereafter so that the worst can be avoided.

When a drug-free work program is in place, there is a noticeable lack of accidents, turnover, downtime, absenteeism, and theft and with a trustworthy company handling the DOT drug and alcohol testing of potential employees, all of these problems can be avoided. Jungle Source provides the experience to help you make informed decisions, maintain compliance with DOT regulations and hire the most reliable staff. Contact us for more information.

Pizza Under Fire - Class Action Lawsuit

Domino's Pizza has been targeted by a class action lawsuit for supposedly violating the federal law (Fair Credit Reporting Act) related to background screening.  This lawsuit was recently heard by the federal court for possible dismissal, has been allowed to stand.
The lawsuit claims that the employer violated a number of sections in the Fair Credit Reporting Act (FCRA) including:

• Failing to obtain authorization (signed release/authorization form) from the applicant/employee prior to ordering a background check.

• Systematically failing to follow the Pre-Adverse/Adverse Action process before taking adverse employment action against them.

Both of these violations are considered part of the basics when it comes to employer responsibilities in processing background checks.  It is absolutely crucial for all employers to obtain a signed Release/Authorization Form prior to ordering/running a background check.  Besides obtaining the authorization, one of the other main steps an employer must take is to implement the Adverse Action process which includes:

1. Upon receiving a background screening report that contains derogatory information, which may have the employer decide to not hire, not promote, etc. the applicant/employee, then the employer must notify the individual that a background check was conducted, must provide a copy of the background check report, must provide a copy of the FCRA Summary of Your Rights document, as well as give the person a reasonable amount of time (not defined by law) to dispute any possible errors located within the consumer report.
2. If after a reasonable amount of time, the applicant/employee does not dispute the findings, then the employer may take adverse action (e.g. not hire, not promote, fire, etc.) against the employee by providing an Adverse Action Letter to the applicant/employee, informing the individual of the employers decision.

While some employers get nervous about pointing out possible criminal records that were discovered during a background check, it is important to remember that the applicant/employee signed the release form and knew the records would be discovered.  Adverse Action should be viewed as an open process, as it was put in place to ensure that consumers (e.g. applicants, employees) are protected against inaccurate or incomplete background checks and are given the opportunity to set the record straight.

It is also important to note that the lawsuit indicates that the disclosure form was mixed in with other forms, which technically does not meet the FCRA mandate, which states the disclosure  be a "standalone" document that consists solely of the disclosure and not contain unnecessary extraneous information that could distract the consumer/applicant/employee.

As a result of this case not being dismissed, Plaintiffs can seek statutory damages up to $1,000/person, as well as punitive damages.  So, please take a minute to ensure your organization has procedures in place to ensure your compliance with the various steps contained in the FCRA  when performing background screenings.

For more information: Singleton, et al. v. Domino’s Pizza, Case No. 11-cv-01823-DKC, U.S. District Court, Maryland.

Pre-Employment Background Check

A pre-employment background check is a necessity before hiring an associate. As your workforce represents your company, it is important that any and every person you hire upholds the image and integrity that you wish to project.

During a screening of prospective employees, each of the following checks may be performed:

• Civil Court Record Check
• Credit History Report Check
• Criminal Record Check
• Education Verification
• Employment Verification
• Industry-Specific Search
• International Screening
• Motor Vehicle Report (MVR) Check
• National Healthcare Sanctions Check - Individual or Organization
• Professional License Verification
• Reference Check
• Social Security Number Trace
• Terrorist Watch List Search
• Workers' Compensation History Check

Multiple forms of checks are extremely useful when determining who you want to hire. You would not want to hire someone who has an outstanding criminal record or who is known at previous jobs as a thief, which is why a pre-employment background check is so important. Having the police show up at your business is embarrassing to say the least and damaging at worst. Background checks can help your company avoid any scenarios involving lost revenue or reputational damage.

Screenings also allow you to get a true grasp of an applicant's education. Hiring the right person for any job can be difficult, but if you can verify that a candidate has excellent skills and can apply them to your business, then you won't be in for any nasty surprises later.

Before you risk your company by trusting your judgment, invest in a Jungle Source screening. Our company is ready and waiting to perform a pre-employment background check on any prospective hire.